As rob says, it doesn't necessaraly follow that the MCB was defective becuase it failed to trip with that load, there is a figure of 1.45xIn* which requires the breaker to trip within reasonable time (30mins?), and I beleive BSEN60898 also defines a lower limit of 1.15In to reduce nuisense, which works out at between 36.8A and 46.4A, but I'd imagine most modern breakers would end up near the more senstive end of the scale.
I think generally breakers that have been weakend by overcurrent are likely to weaken in the way that that'll start tripping easier, rather than vice versa
GN3 does suggest that as there is no way to field test overcurrent circuit breakers, that if there are concerns about their reliability that they are repaced
* - (The 1.45 figure, I beleive is derived from it being the root of two...increase I by 1.45 and you double I², thus double power dissipated in a resistance, thus double the temperature rise from 40 to 80, so instead of running at 30+40=70degrees, the cable runs at 30+80=110degrees, which is the temperature above which the cable stops merely aging faster and the conductors begin to migrate through the PVC, theres a bit of a bang, power goes off, sparky is duly called, and householder claims he knows sweet FA about how a hairpin ended up in a BS3036 carrier...)